Deck 8: Ethical Legal Issues Facing Helpers

Question 1

Which of the following statements is false as it applies to managed care?

A)Managed care appears to be alive and well.
B)Managed care presents both ethical and legal issues for professional practice.
C)Practitioners employed by managed care units are exempt from malpractice suits if clients claim that they did not receive the standard of care they required.
D)Because managed care providers take an active role in treatment planning,client confidentiality is compromiseD.
E)Under managed care,helpers are expected to participate in prevention programs such as stress management and parent education.

Answer 1

C

Question 2

Under managed care programs,utilization review refers to

A)the use of predefined criteria to evaluate treatment.
B)the appropriateness of therapeutic intervention.
C)therapy effectiveness.
D)all of the above

Answer 2

D

Question 3

When laws and ethics collide and conflict cannot be avoided,practitioners should

A)obey the law in a manner that minimizes harm to their ethical values.
B)adhere to their ethical values in a manner that minimizes the violation of the law.
C)both a and b.
D)always offer a referral to another practitioner.

Answer 3

C

Question 4

The following is true concerning ethical issues:

A)Making ethical decisions involves issues of right and wrong.
B)Ethical codes are dogma and can assist you in making the best possible decisions for the benefit of the client.
C)Ethical standards are the same among agencies and institutions.
D)The process of making ethical decisions involves acquiring a tolerance for dealing with gray areas and for coping with ambiguity.

Question 5

Regarding incest and child abuse,

A)practitioners have a legal,but not ethical,obligation to report child abuse.
B)mandatory reporting laws are the same for all states.
C)helpers are required to make a report only if they are certain that abuse has taken place or is occurring presently.
D)a report should be filed once a helper has grounds for suspecting abuse.
E)practitioners should not report a situation if the client is adamantly opposed to doing so.

Question 6

Of the following,which is the first step in making an ethical decision?

A)Apply the ethics codes.
B)Consider possible and probable courses of action.
C)Identify the problem or dilemma.
D)Obtain consultation.
E)Explore the consequences of various decisions.

Question 7

Under a managed care system,confidentiality

A)can be assured to clients.
B)is compromised.
C)is handled no differently than in the fee-for-service approach.
D)can be promised to adults,but not to minors.

Question 8

It may be necessary to make a referral when

A)it is evident that the helper does not have the skills or the responsibility to offer the client the needed services.
B)the client is failing to make progress.
C)personal factors are likely to interfere with a productive working relationship.
D)all of the above

Question 9

Under managed care programs,termination of therapy is generally the result of

A)company policy.
B)the client's decision.
C)the professional judgment of the therapist.
D)a collaborative process between the therapist and client.

Question 10

In dealing with an HIV positive client who refuses to disclose his or her condition to a partner,

A)there is a legal duty to warn the partner.
B)there is both a legal and an ethical duty to warn the partner.
C)there is an ethical obligation to take action.
D)a recent court case has determined that professionals have a duty to warn and protect innocent people.

Question 11

Clients have a right to know that:

A)the helping relationship will be kept confidential,except in certain circumstances.
B)confidentiality can be guaranteed when counseling families or groups.
C)confidential information will not be shared with others,even with another helping professional.
D)Confidentiality is an absolute,since trust will not be formed if there are any conditions to maintaining confidentiality.

Question 12

Regarding following ethics codes,which is false?

A)Ethics codes are partially designed to protect practitioners in cases of malpractice.
B)Compliance with or violation of ethics codes of conduct may be admissible as evidence in some legal proceedings.
C)In a lawsuit,a helper's conduct would probably be judged in comparison with that of other professionals with similar qualifications and duties.
D)If one follows the ethics codes,there is never a case of a conflict between ethical and legal duties.

Question 13

The following is a way to prevent malpractice suits:

A)Make use of informed-consent procedures.
B)Take steps to provide coverage for emergencies when going away.
C)Carefully document a client's treatment plan.
D)Do not barter services,except in cases where this is the cultural norm.
E)All of the abovE.

Question 14

Which of the following is not a major purpose of codes of ethics?

A)They educate helpers to the nature of sound ethical practice.
B)They spell out legal aspects of practice.
C)They provide a mechanism for professional accountability.
D)They serve as catalysts for improving practice.
E)They help protect consumers of helping services.

Question 15

Regarding informed consent,all of the following are true except for one statement.Which one is false?

A)What and how much to tell clients is determined in part by the clientele.
B)It is a good practice for helpers to employ an educational approach by encouraging clients' questions about the helping relationship.
C)Educating clients about the helping process is something that ought to be completed at the intake session.
D)Dealing with client questions is especially critical at the initial stage of helping.

Question 16

Of the following,perhaps the major goal of mental health managed care is:

A)to offer clinicians increased opportunities to have a stable income.
B)to provide clients with the best possible psychological care.
C)to provide services that are as brief as possible to ameliorate presenting problems.
D)to assist clients in getting long-term treatment when that is needeD.

Question 17

In dealing with ethical dilemmas,it is important to realize that:

A)there are rarely clear-cut answers to these dilemmas.
B)most problems are complex and defy simple solutions.
C)knowledge of ethics codes is not enough.
D)ethics codes are not dogma,but guidelines.
E)all of the above

Question 18

It is a good idea for helpers to obtain legal consultation about the procedures they use in their practice because

A)most helpers do not possess detailed legal knowledge.
B)awareness of legal rights and responsibilities as they pertain to helping relationships
C)protects clients.
D)awareness of legal rights and responsibilities as they pertain to helping relationships shields practitioners from needless lawsuits arising from negligence or ignorance.
E)all of the abovE.

Question 19

In light of recent court cases,there is a duty to report when

A)the client is potentially violent.
B)there is a chance that the client might harm him- or herself.
C)child abuse or neglect is imminent.
D)a vulnerable adult is at risk.
E)all of the above

Question 20

Lois,a first-year intern,is assigned the case of a male client who discloses that he is confused about his sexuality and is plagued with feelings of guilt because his wife of ten years has no idea about his confusion.He reveals that he is tempted to be unfaithful to his wife in order to explore his sexuality.Overwhelmed and uncomfortable,Lois truly does not know how to proceed.It would be best if Lois would

A)remain non-judgmental and deny her discomfort.
B)share her negative reactions about homosexuality and attempt to persuade the client to reconsider his options.
C)meet with the client's wife to let her know what is going on.
D)let the client know that she is very new in this work,is uncertain about how to proceed,and would like to either work with him under close supervision,or refer him to another counselor.

Question 21

One of the best precautions against malpractice is personal and professional honesty and openness with clients.

Question 22

Developing a sense of professional and ethical responsibility is a task never completely finished.

Question 23

It is not necessary for school counselors to inform students they see about the limitations of confidentiality,for if such limitations were made known to students,it is highly unlikely that they would seek counseling.

Question 24

As long as school counselors act in an ethical and reasonable manner,they are protected from legal sanctions.

Question 25

Formal ethical principles can never be substituted for an active,deliberative,and creative approach to meeting ethical responsibilities.

Question 26

It is considered below the standard of care to fail to keep current records for all a helper's professional contacts.

Question 27

Practitioners who keep two kinds of client records are guilty of fraud and are highly vulnerable to malpractice suits.

Question 28

In the context of school counseling,protection of confidentiality and privacy is generally not a key concern.

Question 29

The only time mental health professionals can disclose confidential information is in those specific cases where a client authorizes this.

Question 30

Poor ethical decisions often result from

A)an inability to view a situation objectively.
B)an inability to view a situation subjectively.
C)prejudices,biases,personal needs,or emotional investment in a situation.
D)both a and c
E)both b and c

Question 31

Informal peer monitoring

A)provides an opportunity for corrective interventions.
B)may involve confronting a colleague.
C)is considered a boundary crossing by the professional codes since practitioners are expected to monitor their own,not others' behavior.
D)all of the above
E)a and b

Question 32

State laws spell out special circumstances under which confidentiality must be compromised.

Question 33

As a general rule,practitioners are held legally liable for their failure to predict violent behavior of a client.

Question 34

Getting a client's informed consent involves a delicate balance between telling him or her too little and overwhelming the client with too much information too soon.

Question 35

Which type of helping specialty does not have an affiliation with a professional organization that has a code of ethics?

A)Alcohol and drug abuse counseling
B)Rehabilitation counseling
C)Social work
D)Marriage and family therapy
E)None of the above

Question 36

Informed consent is a legal doctrine that is rooted in the law's recognition of the importance of self-determination.

Question 37

Confidentiality cannot be compromised,even in cases when a client's records are subpoenaed.

Question 38

It is best to involve the inclusion of clients as collaborators in those cases where therapists need to make ethical decisions.

Question 39

Ethical codes are necessary and sufficient for the exercise of ethical responsibility.

Question 40

With regard to making ethical decisions,which of the following statements is not true?

A)Reflection,collaboration,and consultation will set you on the path to a decision.
B)You should not feel pressured into making a decision until you feel certain of the outcome.
C)You may not find answers for the complex ethical dilemmas you will face in any single ethical decision-making model.
D)None of the above.

Question 41

Following the minimal legal requirements is sufficient to demonstrate that one is practicing good risk management.

Question 42

Asking clients to sign a form at the initial session does not discharge your duty toward informed consent.

Question 43

The HIPAA privacy rule applies to both paper and electronic transmissions of protected health information by covered entities.

Question 44

Your client's clinical record should never be altered after you have documented information into the record.